The Committee on Judiciary proposes the following amendment (SJ-823.SW0003S):
Amend the bill, as and if amended, SECTION 1, by striking Section 63-7-2630(B) and inserting:
(B) When Upon motion of any party, except for a person who is the subject of the termination of parental rights action, or at the discretion of the court, when the court enters an order terminating parental rights pursuant to this article, the court shall:(1) consider whether a no-contact order or supervised-contact order between the child and any biological parent or relative is necessary to protect the child's safety, welfare, or attachment to the prospective adoptive family or other caregiver; and
(2) if the court determines that a no-contact order or supervised-contact order is not necessary, make written findings on the record stating the factual basis for that determination.
Amend the bill further, SECTION 1, by striking Section 63-7-2630(C)(5) and inserting:
(5) the effect of contact on the child's safety, stability, and attachment to the prospective adoptive family or other caregiver; andAmend the bill further, SECTION 1, by striking Section 63-7-2630(D)(1) and inserting:
(D)(1) The court may include a no-contact order or supervised-contact order in the final termination of parental rights order when necessary to protect the child, or upon motion of any party to the action, except a person who is the subject of the termination of parental rights action, or at the discretion of the court, may amend a termination of parental rights order to include a no-contact order or supervised-contact order.Amend the bill further, SECTION 1, by striking Section 63-7-2630(I) and inserting:
(I) In response to a motion by a party or a request from the court, pursuant to subsection (B) or subsection (D), any party to a termination of parental rights action, or any party to a former termination of parental rights action involving a sibling of the child who is the subject of the current action, who has actual knowledge of the following, shall bring the evidence to the attention of the court for the court's consideration in issuing a no-contact order or supervised-contact order:(1) incident reports where a party to the termination of parental rights action was alleged to have committed a criminal offense against the child, or a sibling of the child, who is the subject of the termination of parental rights action;
(2) arrest records of a party to the termination of parental rights action or other evidence that shows the party was arrested for a criminal offense against the child, or a sibling of the child, who is the subject of the termination of parental rights action;
(3) arrest records of a party to the termination of parental rights action or other evidence that shows the party was convicted of a criminal offense against the child, or a sibling of the child, who is the subject of the termination of parental rights action; or
(4) documented history of an indicated case of abuse or neglect against a party to the termination of parental rights action where the party was the alleged perpetrator of child abuse or neglect or harm against the child, or against a sibling of the child, who is the subject of the termination of parental rights action, if the party is named in the Central Registry of Child Abuse and Neglect or if such documented history of an indicated case is less than seven years old at the time of the filing of the termination of parental rights action.
(I) (J) Nothing in this section limits the authority of an adoptive parent or other caregiver not to consent to contact where a no-contact order or supervised-contact order has been modified or terminated by the court.
Amend the bill further, SECTION 2, by striking Section 63-9-765(B) and inserting:
(B) When Upon motion of any party or at the discretion of the court, when the court enters a final decree of adoption pursuant to this article, the court shall:(1) consider whether a no-contact order or supervised-contact order between the child and any biological parent or relative is necessary to protect the child's safety, welfare, or attachment to the adoptive family; and
(2) if the court determines that a no-contact order or supervised-contact order is not necessary, make written findings on the record stating the factual basis for that determination.
Amend the bill further, SECTION 2, by striking Section 63-9-765(D)(1) and inserting:
(D)(1) The court may include a no-contact order or supervised-contact order in the final decree of adoption when necessary to protect the child, or upon motion, may amend an adoption decree to include a no-contact order or supervised-contact order.Amend the bill further, SECTION 2, by striking Section 63-9-765(I) and inserting:
(I) In response to a motion by a party or a request from the court pursuant to subsection (B) or subsection (D), any party to an adoption, or any party to the adoption of a sibling of the child who is the subject of the current adoption, who has actual knowledge of the following shall bring the evidence to the attention of the court for the court's consideration in issuing a no-contact or supervised-contact order:(1) incident reports where a party to the action was alleged to have committed a criminal offense against the child, or a sibling of the child, who is the subject of the adoption action;
(2) arrest records of a party to the action or other evidence that shows the party was arrested for a criminal offense against the child, or a sibling of the child, who is the subject of the adoption action;
(3) arrest records of a party to the action or other evidence that shows the party was convicted of a criminal offense against the child, or a sibling of the child, who is the subject of the adoption action; or
(4) documented history of an indicated case of abuse or neglect against a party to the action where the party was the alleged perpetrator of child abuse or neglect or harm against the child, or a sibling of the child, who is the subject of the adoption action, if the party is named in the Central Registry of Child Abuse and Neglect or if such documented history of an indicated case is less than seven years old at the time of the filing of the adoption action.
(I) (J) Nothing in this section limits the authority of an adoptive parent not to consent to contact where a no-contact order or supervised-contact order has been modified or terminated by the court.
Renumber sections to conform.
Amend title to conform.